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Committee advances SB 171 to curb ATVs, side-by-sides in stream beds after property and environmental concerns
Summary
Senators reported SB 171 favorably after the sponsor described nuisance and property-damage issues from ATVs, side-by-sides and utility vehicles driving in creek beds; the bill aims to extend citation authority where vehicles not designed for water navigation cause damage, while preserving navigation law for bona fide vessels.
The committee gave SB 171 a favorable report after the sponsor said off-road vehicles and side-by-sides have been driving up and down stream beds, entering private property, leaving litter and causing environmental damage.
The sponsor told the panel the law that treats navigable waterways as public rights of way was written when conveyance meant small boats and not modern wheeled off-road vehicles. The bill is framed to preserve the legal concept of navigability while creating a citation path for vehicles "not made for" water navigation when they are used in stream beds in a way that damages property or trespasses.
Committee members asked whether the bill changes navigability law; the sponsor said the bill does not amend the constitutional or established navigability doctrine and instead focuses on vehicles with wheels or tracks. Senators asked for clarification that canoes, rowboats and watercraft designed for water transportation would remain exempt. The sponsor pointed to the draft language clarifying that the definition "does not include a vessel or other watercraft designed for transportation on water." The committee discussed enforcement, how people will know of new restrictions statewide and concerns about discriminatory application of the law.
A sponsor noted law enforcement would typically respond to a landowner's complaint and initially warn vehicle operators; over time the new prohibition would be part of the state's body of law. The sponsor and several senators anticipated word would spread in communities where the conduct has been a problem.
Senator Chambliss moved a favorable report; Senator Albritton seconded. The chair called for the previous roll and the committee reported SB 171 favorably.
